State of New South Wales v Windle (No. 3) [2017] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Windle (No. 3) [2017] NSWSC 727 Hearing dates: 24 May 2017 Date of orders: 26 May 2017 Decision date: 08 June 2017 Jurisdiction: Common Law Before: Johnson J Decision: Publication of reasons for orders made on 26 May 2017 - see [190]. Catchwords: HIGH RISK OFFENDER - final hearing - Defendant a "high risk violent offender" under s.5E Crimes (High Risk Offenders Act 2006 - index offence of attempted murder of fellow inmate in prison in 2011 - prior history of crimes of escalating violence - Defendant suffering from significant psychiatric illness - treatment being provided to Defendant in mental health unit of Long Bay Hospital whilst detained under high risk violent offender interim detention order - unanimous medical opinion that Defendant ought be treated in Forensic Hospital - continuing detention order ("CDO") for eight months made - further treatment of Defendant to take place in Forensic Hospital after order made under Mental Health Act 2007 - extended supervision order ("ESO") for six months to operate on expiration of CDO - suspension of ESO whilst Defendant in lawful custody by order under Mental Health Act 2007 Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Antunovic v Dawson (2010) 30 VR 355; [2010] VSC 377 Bugmy v State of New South Wales [2017] NSWCA 25 Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1; [1992] HCA 64 Cornwall v Attorney General for NSW [2007] NSWCA 374 at Eatts v Dawson (1990) 21 FCR 166 Graham v State of New South Wales [1989] NSWCA 89 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v MJR [2010] NSWSC 653 R v Windle [2012] NSWCCA 222 Re Woolley; Ex parte Applicants M276/2003 [2004] 225 CLR 1; [2004] HCA 49 State of New South Wales v Boatswain [2014] NSWSC 1446 State of New South Wales v Cornwall [2015] NSWSC 742 State of New South Wales v Cruse (No. 2) [2014] NSWSC 128 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Windle [2016] NSWSC 1816 State of New South Wales v Windle (No. 2) [2017] NSWSC 94 White v Local Health Authority [2015] NSWSC 417 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Robert Windle (Defendant) Representation: Counsel: Ms G Wright (Plaintiff) Mr H White (Defendant)